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Wednesday, 19 Jan 2022

Written Answers Nos. 1296-1311

An Garda Síochána

Questions (1296, 1297)

Niall Collins

Question:

1296. Deputy Niall Collins asked the Minister for Justice the number of Gardai on suspension by each Garda division in each of the years 2018, 2019, 2020 and to date in 2021; and if she will make a statement on the matter. [2017/22]

View answer

Niall Collins

Question:

1297. Deputy Niall Collins asked the Minister for Justice the number of gardaí that stood suspended from duty on 31 December 2021 for 0 to 3, 0 to 6, 0 to 12, 0 to 18, 0 to 24, 0 to 36, 0 to 48 and in excess of 48 months, analysed by Garda division; and if she will make a statement on the matter. [2018/22]

View answer

Written answers

I propose to take Questions Nos. 1296 and 1297 together.

As the Deputy will appreciate, disciplinary matters within An Garda Síochána are governed by the Garda Síochána Act 2005 (as amended) and the Garda Síochána (Discipline) Regulations 2007, as amended by the Garda Síochána (Discipline) (Amendment) Regulations 2011, and are a matter for the Garda Commissioner. I have no role in these independent functions.

I am advised by the Garda authorities that the tables below sets out the number of Gardaí on suspension at the end of each of the years 2018 up to and including 2021; and the number of Gardaí­ that were suspended from duty on 31 December 2021 for 0 to 3, 0 to 6, 0 to 12, 0 to 18, 0 to 24, 0 to 36, 0 to 48 and in excess of 48 months.

I am further advised that it is not possible to provide the number of members by Division as this may identify individual members.

Year

Total number of members suspended at December 2018 up to December 2021

2018

37

2019

42

2020

67

2021

91

Suspended from Duty

No. of Gardaí on 31 December 2021 

0-3 Months

15

3-6 Months

14

6-12 Months

12

12-18 Months

17

18-24 Months

16

24-36 Months

10

36-48 Months

4

In excess of 48 Months

3

Total 

91

The total figure of 91 above includes 87 full-time Garda members and 4 Garda Reserve.

I am advised that in all cases where a member of An Garda Síochána is suspended, they are informed of the reason(s) for the suspension. The suspended member is informed of the availability of the Garda Employee Assistance Service and given contact details by a Liaison Officer. Upon suspension, the member is served with a notice which sets out the conditions attached to the suspension and the entitlements or otherwise of the suspended member.

Question No. 1297 answered with Question No. 1296.

An Garda Síochána

Questions (1298)

Darren O'Rourke

Question:

1298. Deputy Darren O'Rourke asked the Minister for Justice further to Parliamentary Question No. 288 of 18 November 2021, if the necessary information has been provided to her by the Garda authorities in order to provide a response. [2020/22]

View answer

Written answers

As the Deputy is aware, Parliamentary Question No. 288 of 18 November 2021 related to the number of road traffic collisions at Oberstown Cross, Oberstown, Tara, County Meath in the preceding 12 months; and the dates of same.

The Deputy will be aware that the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána, including the enforcement of road traffic legislation. As Minister, I have no role in these matters.

I have been advised by the Garda authorities that, for the period referred to by the Deputy in Parliamentary Question No. 288 of 18 November 2021, there were fewer than 10 road traffic collisions at Oberstown Cross, Oberstown, Tara, County Meath. 

I am further informed by the Garda authorities that the Garda Síochána Analysis Service does not typically report on details where there are fewer than 10 incidents in a given period, as there is a risk, due to the sensitive nature of the information, that offenders or victims may be identified if the information were to be released. 

Question No. 1299 answered with Question No. 1179.

Citizenship Applications

Questions (1300)

Michael Healy-Rae

Question:

1300. Deputy Michael Healy-Rae asked the Minister for Justice the status of an application for citizenship by a person (details supplied); and if she will make a statement on the matter. [2028/22]

View answer

Written answers

This application for naturalisation from the person referred to by the Deputy, continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time. 

In addition, the combined impact of the 2019 High Court judgment in the Jones case and the necessary health restrictions arising from the pandemic, has unfortunately resulted in the processing time for standard applications increasing. 

However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.

In 2021, 11,512 citizenship decisions were delivered, significantly exceeding the levels achieved in the last two years. Additional staff have also been assigned to the citizenship team.  Based on these measures, my Department's objective is to achieve an improved timeframe of 6-9 months for decisions on a majority of applications during 2022.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Protected Disclosures

Questions (1301)

Peadar Tóibín

Question:

1301. Deputy Peadar Tóibín asked the Minister for Justice when the protected disclosure that was submitted by a person (details supplied) will be fully investigated; and when the alleged penalisation against the person will cease. [2057/22]

View answer

Written answers

As the Deputy is aware, the Protected Disclosures Act was enacted in 2014 to allow employees to bring alleged wrongdoing to the attention of the appropriate authorities. 

The Act also affords very important protections to persons making protected disclosures. I am sure that the Deputy will therefore appreciate that it would not be appropriate for me to comment on, nor confirm the existence of any specific protected disclosure. The protection of those wishing to make a protected disclosure rightly prioritises the confidentiality of the process, which is central to the efficacy of that process.

Prison Service

Questions (1302)

Peadar Tóibín

Question:

1302. Deputy Peadar Tóibín asked the Minister for Justice the reason the Irish Prison Service is not allegedly carrying out the performance management development system with all staff (details supplied); if her attention has been drawn to these allegations; and if these allegations have been investigated. [2058/22]

View answer

Written answers

I am advised by the Director General of the Irish Prison Service that all employees of the Irish Prison Service are obliged to engage in the Performance Management Development System process with their line manager or Human Resources Governor. 

Failure to engage appropriately in the PMDS process results in a rating of ‘unsatisfactory’ for the staff member and may be dealt with as a disciplinary matter.

I am further advised by the Director General that, apart from the staff of IPS Headquarters who are on the Peoplepoint system, the current PMDS process in the Irish Prison Service is a paper based process. 

Each Governor is required to ensure that the PMDS process is conducted and recorded appropriately for each member of their staff.  The paper records are maintained in the Human Resources Office in each prison or unit.      

The Irish Prison Service is currently in the process of upgrading its Human Resources Management System to allow for an electronic Performance Management Development System functionality. 

This will significantly streamline the process and allow for improved reporting functionality to ensure full compliance.  The Irish Prison Service will continue to work with all managers across the system to ensure full compliance with PMDS.

Citizenship Applications

Questions (1303)

Bernard Durkan

Question:

1303. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied) who applied in 2019; and if she will make a statement on the matter. [2101/22]

View answer

Written answers

This application for naturalisation from the person referred to by the Deputy, continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time. 

In addition, the combined impact of the 2019 High Court judgment in the Jones case and the necessary health restrictions arising from the pandemic, has unfortunately resulted in the processing time for standard applications increasing. 

However, my Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have also been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.

In 2021, 11,512 citizenship decisions were delivered, significantly exceeding the levels achieved in the last two years. Additional staff have also been assigned to the citizenship team.  Based on these measures, my Department's objective is to achieve an improved timeframe of 6-9 months for decisions on a majority of applications during 2022.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Citizenship Applications

Questions (1304)

Jim O'Callaghan

Question:

1304. Deputy Jim O'Callaghan asked the Minister for Justice if flexibility can be introduced for persons applying for citizenship to reduce the total cost on applicants for providing evidence through bank statements or other personal data of their continuous residence; and if she will make a statement on the matter. [2112/22]

View answer

Written answers

The application process for citizenship applications is reviewed on an ongoing basis to continually improve customer service quality. Feedback from applicants is taken on board and, as a result, a much more simplified, customer-focused and streamlined mechanism for applicants to provide proofs of their residence has been introduced. 

From this January, my Department has changed to a scorecard approach, which will bring added clarity regarding what information applicants are required to provide to establish their identity and residence. Applicants will be required to reach a score of 150 points in each of the years for which proof of residency is required. They will do this by submitting proofs with a predetermined point value until they reach the required score of 150 points for each year of residency. 

An applicant must also accumulate a total of 150 points for establishing identity in order to meet the appropriate standard. Where an applicant is not able to achieve 150 points, they can engage further with my Department to establish if there are any exceptional or compelling circumstances to allow them to meet the criteria for naturalisation.

Full details on the new arrangements can be found on my Department's Irish Immigration website at: www.irishimmigration.ie. 

Citizenship Applications

Questions (1305)

Ivana Bacik

Question:

1305. Deputy Ivana Bacik asked the Minister for Justice if there are plans to collate data on the number of applications made on behalf of children for a certificate of nationality under section 28 of the Irish Nationality and Citizenship Act 1956. [2166/22]

View answer

Written answers

Under Section 28 of the Irish Nationality and Citizenship Act 1956:

Any person who claims to be an Irish citizen, other than a naturalised Irish citizen, may apply to the Minister or, if resident outside the island of Ireland, to any Irish diplomatic officer or consular officer for a certificate, of nationality stating that the applicant is, at the date of the certificate, an Irish citizen; and the Minister or officer, if satisfied that

(a) the applicant is an Irish citizen, and

(b) the issue of the certificate is necessary in all the circumstances of the case,

may issue a certificate of nationality to him accordingly.

My Department has not received any applications for a Certificate of Nationality under Section 28 of the Act.

As provided for in the legislation, a person may also apply directly to the Department of Foreign Affairs to obtain a Certificate of Nationality under these circumstances, and that Department will assess the application and grant a Certificate of Nationality where the criteria are met.

Road Safety

Questions (1306)

Peadar Tóibín

Question:

1306. Deputy Peadar Tóibín asked the Minister for Justice the number of speeding fines issued on foot of evidence obtained by speed camera vans in each county in the State in each of the past ten years in tabular form. [2190/22]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána. As Minister, I have no role in these independent functions.

I have requested the relevant information from An Garda Síochána, but as the request covers an expansive stretch of time of 10 years and with the complexities around the nature of the request, I have been advised that it would require a disproportionate amount of time and Garda resources to complete the work. Consequently I am unable to provide the information requested to the Deputy. 

An Garda Síochána

Questions (1307)

Peadar Tóibín

Question:

1307. Deputy Peadar Tóibín asked the Minister for Justice the number of persons arrested for rape or sexual assault in each county in the State in each of the past ten years in tabular form. [2191/22]

View answer

Written answers

I can assure the Deputy that this Government is deeply committed to tackling sexual violence and sexual crime in all its forms.

Working to ensure that victims feel empowered to report sexual crimes and that when they do, they are fully supported at every stage of their interaction with our justice system, has been a priority for me as Minister for Justice.

Building the confidence of victims is a cornerstone of the actions set out in Supporting a Victim’s Journey . The implementation of this important action plan is continuing and I am glad to inform the Deputy that a number of key actions have already been delivered including:

- Legislating for the introduction of preliminary trial hearings which will reduce delay and disruption that might re-traumatise victims;

- The completion of the nationwide rollout of Divisional Protective Services Units (DPSUs);

- The first cohort of staff at a new sexual offences unit in the Director of Public Prosecutions office formally took up their roles in April;

- Work to advance the training for all personnel who come into contact with vulnerable victims is underway;

- The University of Limerick has been commissioned by the Department to develop the framework for the operation and training of intermediaries.

- A review of the supports and funding of civil society organisations providing frontline services to victims of sexual offences was conducted to identify where gaps may exist and how to bridge them and additional funding has been provided to a number of organisations to do so. 

In relation to the specific information sought by the Deputy on the number of persons arrested for rape or sexual assault in each county in the State in each of the past ten years, I have sought this information from An Garda Síochána and it is presented in the table below.

A search of the PULSE database was conducted on 13 January 2022 for prisoner logs associated with incidents of the type ‘Rape of a Female’, ‘Rape Section 4’ or ‘Sexual Assault’ where the arrest or entry date is within the period 01/01/2011 to 31/12/21.

Pulse Database  

*Less than 10

Additional Information

Incident data is based upon operational data from the PULSE system as was available at 01:00 on 13/01/2022 and is liable to change. This is a count of prisoner logs created rather than unique persons arrested. A person may have been arrested more than once within a given year.

An Garda Síochána

Questions (1308)

Peadar Tóibín

Question:

1308. Deputy Peadar Tóibín asked the Minister for Justice the number of persons convicted of rape or sexual assault in each county in the State in each of the past ten years in tabular form. [2192/22]

View answer

Written answers

As the Deputy may be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. This includes the provision of information on the courts system.

To be of assistance, I have made enquiries with the Courts Service on the number of persons convicted of rape or sexual assault in each county in the State in each of the past ten years.

The Courts Service have advised that the majority of rape offences are prosecuted in the Central Criminal Court. They have further advised that while a small minority of cases are dealt with in the Circuit court, to provide a break down by county would not be reflective of the offences taking place in each area and risks providing an incorrect picture.

The Courts Service further directed that all of the information it is able to provide for this category will be contained in the Annual Reports, which can be found here:  

www.courts.ie/annual-report.

Domestic Violence

Questions (1309)

Peadar Tóibín

Question:

1309. Deputy Peadar Tóibín asked the Minister for Justice the number of times gardaí were called to private dwellings as a result of alleged domestic violence in each county in the State in each of the past ten years in tabular form. [2193/22]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and management of An Garda Síochána. As Minister for Justice, I have no direct role in these matters. On foot of the Deputy's question, contact was made with An Garda Síochána to seek the specific information sought and it is presented in the table below.

To determine the number of domestic abuse calls reported in a given timeframe a number of criteria are applied. The counts in the table below are a combination of the following:

The PULSE incident type is one of:

- Breach of Interim Barring Order

- Breach of Protection Order

- Breach of Barring Order

- Breach of Safety Order

- Domestic Dispute - No Offence Disclosed

- Breach of Emergency Barring Order

or is of any incident type, but with a recorded motive of ‘Domestic Abuse’.

In addition to the above, incidents of any type recorded on PULSE which were the result of a call for assistance where the dispatcher assigned the type as ‘DVSA’ (Domestic Violence/Sexual Assault) are included.

A further condition applied is the incident occurred at a residential location type. A residential location type being either of the following PULSE location types:

- Apartment Complex

- B&B / Guest House

- Cottages

- Driveway

- Flat Complex

- Garage (Domestic)

- Garden / Gardens

- Garden Shed

- Halting Site

- Holiday Home

- House

- Lodge

- Mansions

- Mobile Home

- Outhouse/Shed

The table below shows counts of incidents reported per Garda division in each of the years requested by the Deputy, that meet the above criteria:

Division

2019

2020

2021

D.M.R. Eastern

899

1,149

1,122

D.M.R. North Central

1,097

1,364

1,634

D.M.R. Northern

2,995

3,597

3,792

D.M.R. South Central

1,100

1,223

1,253

D.M.R. Southern

2,502

2,655

2,784

D.M.R. Western

3,382

4,019

4,403

Kildare

1,403

1,502

1,712

Kilkenny/Carlow

654

856

1,027

Laois/Offaly

1,000

1,228

1,380

Meath

1,271

1,382

1,518

Waterford

938

1,149

1,191

Westmeath

740

789

849

Wexford

792

1,076

1,278

Wicklow

808

912

846

Cavan/Monaghan

931

1,008

1,250

Donegal

885

1,057

1,114

Galway

1,253

1,507

1,792

Louth

1,264

1,709

2,025

Mayo

576

675

793

Roscommon/Longford Division

702

918

1,022

Sligo/Leitrim

543

785

842

Clare

665

732

837

Cork City

1,773

2,003

1,990

Cork North

810

930

1,036

Cork West

384

509

535

Kerry

855

989

1,012

Limerick

1,652

1,817

2,181

Tipperary

811

1,027

1,156

Figures were collated based on PULSE data as of 1:30am on 7 January, 2022.  They are operational and may be liable to change. Crime counting rules are not applied to reflect all recorded incidents.

An Garda Síochána continue to develop their specialist services in this area. Divisional Protective Services Units (DPSUs) have been rolled out nationwide to provide a best practice service in relation to all domestic abuse incidents. Operation Faoiseamh which commenced on 1 April 2020 continues to provide enhanced proactive support and protection to victims of domestic abuse.

This Government is committed to tackling domestic, sexual and gender based violence in all its forms, and to supporting victims of this heinous crime.

Our commitment to combatting domestic, sexual and gender based violence and to supporting victims is reflected in the funding allocated under Budget 2022, with a total of €13m allocated to my Department for its work in this area. This represents an increased allocation of €5.35m and will enable us to roll out specific awareness raising and training programmes to combat domestic, sexual and gender based violence. It will also allow us to provide additional supports to NGOs and specific domestic violence intervention programmes and it will support a number of front line activities.

As part of this, an additional €1.1m will be used to put in place a legal advice and legal aid service in court for victims of sexual violence and €1 million is being provided to the Garda vote to refurbish and upgrade the Divisional Protective Service Units. This will allow us to better support and protect vulnerable victims.

The Deputy will be aware that I am leading the development across Government of the Third National Strategy on Domestic, Sexual and Gender Based Violence. This plan will outline how the Government will radically improve services and supports for victims and will be the most ambitious plan to date.

My Department is also currently implementing Supporting a Victim’s Journey, our plan to help victims and vulnerable witnesses in sexual violence cases. Its implementation will reform the criminal justice system at every point a victim comes into contact with it.

An Garda Síochána

Questions (1310)

Peadar Tóibín

Question:

1310. Deputy Peadar Tóibín asked the Minister for Justice the number of times gardaí were called to the scene of a stabbing in each county in the State in each of the past ten years in tabular form. [2194/22]

View answer

Written answers

I have sought the information requested by the Deputy from An Garda Síochána, however, this was not available in time. I will write to the Deputy once the information is to hand. 

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question Number 1310 which was for answer on 19 January 2022, where you requested to be informed of “the number of times gardaí were called to the scene of a stabbing in each county in the State in each of the past ten years in tabular form.”
You will recall that the information was not available at the time to respond to the Question and I undertook to contact you as soon as I had received a report from An Garda Síochána.
I am informed by the Garda authorities that the Garda Síochána Analytics Service (GSAS) had considered ‘knife crime’ in detail in early 2021 and a report on same was published on the Garda website which contains the most detailed information possible on this topic. The report can be viewed at the following link:
https://www.garda.ie/en/about-us/publications/general-reports/analysis-of-knife-related-crime-data-february-2021.pdf
I am further informed that GSAS can only provide a breakdown of crime incidents based upon “ICCS Crime Type” or “PULSE Incident Type” at the lowest structured level.
While stabbings would most likely be a subset of Assault, Homicide or Suicide type incidents, this detail would only be contained in the narrative field rather than a structured data field. A search of the narrative field to identify such incidents, especially for such an exceptional period of time as covered by the Parliamentary Question, would require a disproportionate expenditure of Garda time and resources.
The weapons MO on PULSE indicates the presence of a weapon (multiple types of weapons could be used in a ‘stabbing’ incident), however, the weapon may have been used to threaten as opposed to injure.
PULSE contains records of incidents, these are not necessarily the same as calls for service (e.g. multiple calls may be received about a single incident). There is also no specific field on the call incidents system which would record ‘stabbings’ separately. PULSE is the sole comprehensive data source for replies to Parliamentary Questions currently.
As not all stabbings may be reported to the Gardaí and as a complimentary data source, GSAS have utilised data from the HSE (as per the report above) to inform on the number of assaults with knives which have resulted in more serious injuries requiring admission to hospital.
Consequently I have been advised by the Garda Authorities that it is not possible to provide the information requested in this Parliamentary Question for the reasons outlined above.
I trust this information is of assistance.

An Garda Síochána

Questions (1311)

Peadar Tóibín

Question:

1311. Deputy Peadar Tóibín asked the Minister for Justice the number of murders which took place in each county in the State in each of the past ten years in tabular form. [2195/22]

View answer

Written answers

As the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. The CSO produce these statistics using data recorded on An Garda Síochána’s PULSE system and make regular releases under reservation in relation to various crime statistics, including recorded and detected crime. The CSO continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics. 

The particular breakdown (by county) sought by the Deputy is not available. I can however inform the Deputy that relevant statistics on murder, as well as other crimes, by Garda Division are published by the CSO under reservation. The statistics for 2012 to 2021 are available at: data.cso.ie/table/CJQ06

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